March 02, 2020

Time keeps on slipping, slipping: Seventh Circuit rules RCRA settlement triggers CERCLA statute of limitations

David L. Rieser

In Refined Metals Corporation v. NL Industries Inc., 937 F.3d 928 (7th Cir. 2019) the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court dismissal of a contribution action brought by a Potentially Responsible Party (PRP) 19 years after it had executed a settlement with federal and state environmental agencies. The court joined several other circuits in holding that a settlement resolving Resource Conservation and Recovery Act (RCRA) claims triggers the three-year statute of limitations for Comprehensive Environmental Response Compensation and Liability Act (CERCLA) contribution actions.

Premium Content For:
  • Environment, Energy, and Resources Section
Join - Now